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Chase Manhattan Mortgage Corp. v. Harris

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


August 9, 2007

CHASE MANHATTAN MORTGAGE CORPORATION, PLAINTIFF-RESPONDENT,
v.
TONYA HARRIS A/K/A TONIA HARRIS, DEFENDANT-APPELLANT.

On appeal from the Superior Court of New Jersey, Chancery Division, Camden County, Docket No. F-12221-03.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted July 31, 2007

Before Judges Gilroy and Lihotz.

Defendant Tonia Harris appeals from the Chancery Division order denying her motions to vacate a sheriff's sale and for reconsideration. We affirm.

Final Judgment of foreclosure in favor of plaintiff Chase Manhattan Mortgage Corporation, foreclosing interests in the realty located at 32 MacKnight Drive, Pine Hill, New Jersey, was entered April 12, 2004. A sheriff's sale was held on December 7, 2005, and plaintiff was the successful bidder. Defendant's motion to vacate the sheriff's sale, alleging lack of actual notice of the sale, was denied on January 20, 2006, as was her motion for reconsideration of that determination.

On appeal, using a Socratic style, defendant argues that plaintiff failed to offer her modification programs or other assistance when the loan fell into default. Defendant also contends plaintiff has acted in bad faith and has suffered no actual loss.

These contentions are without sufficient merit to warrant discussion in a written opinion, R. 2:11-3(e)(1)(E), as Judge Freeman's determinations are adequately supported by the facts set forth in the record. R. 2:11-3(e)(1)(A). We also affirm the order denying reconsideration, as Judge Freeman correctly applied Rule 4:49-2 in denying defendant's motion and in so ruling, did not misapply his discretion. See Cummings v. Bahr, 295 N.J. Super. 374, 389 (App. Div. 1996).

Affirmed.

20070809

© 1992-2007 VersusLaw Inc.



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